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04-553Return copy to: (e.c.) 140 City Hall RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To 33 Committee: Date 1 BE IT RESOLVED, that, upon the petition of Michael and Kimberly Byrd, as documented in Real 2 Estate Division File Number 03-2004, public properties hereinafter described aze hereby vacated and 3 discontinued as public property: 4 5 The properiy to be vacated is described as follows: 6 7 that part of the alley in Block 8, Elmer and Morrison's Rearrangement of part of Macalester Park 8 lying easterly of the northerly extension of the most westerly line of Lot 3, said Block 8 10 BE IT FURTHER RESOLVED, that, subject to the herein stated exceptions and with the 11 accompanying UtiliTy Easement Certificates of Intended Nott-Use, filed voluntarily on behalf Northern 12 States Power Company, d.b.a. Xcel Energy, District Energy St. Paul, Inc. and District Cooling St Paul, 13 Inc., MCI Network Services, Inc., Comcast of Saint Paul, Inc., Saint Paul Regional Water Services, and 14 the Department of Public Works, made a part hereof by this reference and filed in the office of the CiTy 15 Clerk of Saint Pau1, the City, for itself and on behalf of these corporations and departments, waives the 16 right to the utility easements in the vacated area described above. 17 18 This vacation sha11 be subject to the terms and condition of Chapter 130, codified Mazch l, 1981, of the 19 Saint Paul Legislative Code as amended, and to the following conditions: 20 21 1. That the petitioner's, their successors and assigns sha11 pay $600 as an administrative fee for this 22 vacation which is due and payable within 60 days of the effective date of this resolution. 23 24 2. 25 26 27 3. 28 29 30 4. 31 32 33 34 35 That a permanent utility easement shall be retained within the vacated area to protect ttie interest ofNorthem States Power Company, d.b.a. Xcel Energy. That a permanent utility easement sha11 be retained within the vacated azea to protect the interest of Qwest Corporation. That any ensuing improvements shall not interfere with Comcast of St. Paul, Inc. existing facilities or prevent access by Comcast of Saint Paul, Inc. to the said facilities to maintain, repair or upgrade them. Should the said improvement in anyway interfere with or prevent access to the said facilities, the petitioner or its successor sha11 provide new easements as required and the petitioner or its successor shali assume all costs of relocating facilities to the new easements. � Council File # � '� Green Sheet #'�" W� �'�3 1 5. That the pefifioners, their successors and assigns agree to indemnify, defend and save harmless 2 the City of Saint Paul, its officers and employees from a11 suits, actions or claims of any chazacter 3 brought as a result of injuries or damages received or sustained by any person, persons or 4 property on account of this vacation or petitioners' use of this property, including but not limited 5 to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or 6 because of any claims or liability arising from any violation of any law or regulation made in 7 accordance with the law, whether by the petitioners or any of their agents or employees. 9 6. That the petitioners, theu successors and assigns shall, within 60 days of the effective date of this 10 resolution, file with the City Clerk an acceptance in writing of the conditions of this resolution ll and shall, within the period(s) specified in the terms and conditions of this resolution, comply in 12 all respects with these terms and conditions. p�J\( — Pubtic works Contad Person 8 PI Peter WhdelEarl Cart. 6-8850 Must Be on Council Ag�,nda by (Date): 26-MAY-04 Date Initiated: 30.APR-04 � Assign Number Por Routing Order Green Sheet NO: 205459 Department Sent To Person 0 �ublic Works I 1 , iri Attoruev � Judv Hansom ; 2 Public Works I Bruce Beese ` 3 ublicWorta De artmentDirector 4 a r's O�ce � Ma or/Assistant 5 ouncil 6 i Clerk Ci Clerk ��' Total # of Signature Pages _(Clip AII Loeations for Signature) Action Requested: To consider a petition to vacate part of the alley in Block 8, Elmer and Morrison's Rearrangement of part of Macalester Pazk. The said Block 8 is bounded by Wheeler and Amherst Streeu and by Lincoln and Goodrich Avenues. �dations: Approve (A) or Rejed (R): Planning Commission CIB Committee Personal Service Contrects Must Answer the Following 1. Has this person/firm ever worked under a wntract for this department? Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, WhyJ: The petirioner wants to expand his back yard. AdvantageslfApproved: The petirioner will enjoy increased use of his property. Disadvantages If Approved: .. ., � � ' � None °,`: �rm=` �;,°;� " ';..7 �a."�J �6 ;? ` 1 DisadvanWges If NotApproved: The back yard could not be fully utilized. THE PUBLIG HEARING WILL BE HELD ON Total Amount of Trensaction: 600 CosURevenue Budgeted: P°y� � i\ ) r � ! 3 1 Y i.. FundingSource: (�j//{ ActivityNumber:�Z �� Pinanciai Information: $600 represents the administrative fee for the vacarion. f�P 3 � 2004 (Explain) .��:�. � �., � � PETITION TO VACATE PUBLIC LANDS The residents of 1743 Goodrich Avenue, 1750 Lincoln Avenue, and 1731 Goodrich Avenue hereby Petition to have the eastemmost end of the alley of Block 8, Elmer and Morrison's Rearranaement of part of Macalester Park vacated. The proposed vacation would be the easternmost 29 lineal feet of the alley extending from the west property line of the west portion of lot 3, Block 8. At the City's suggestion, the proposed property vacated would extend north from the west property line of 1743 Goodrich Avenue. Drawings, including a property survey, are attached. The reason for the alley vacation is to allow the property owner at 1743 Goodrich to eventually build a garage. The property does not have any off-street parking at all. A very small back yard exists for the property, but is inaccessible to vehicles due to the presence of utility poles. The homeowner at 1743 Goodrich has been in discussion with the power and telephone companies to discuss relocating the power poles currently in the alley. No other properties are accessed off of the easternmost 60 feet of the alley. The nearest garage lies on the westem edge of the property to the west, 1751 Goodrich Avenue. The grade will remain unaltered, subject to the review and approval of the City of St. Paul regarding any improvements. The contact persons for the Petition are Michael and Kimberly Byrd of 1743 Goodrich Avenue, 698-2400. Mr. And Mrs. Byrd will be solely responsible for all costs and terms of the Petition. The attached Petition has been signed by the affected parties and all required paperwork is enclosed in this submission. Thank you for the opportunity to pursue this Petition. Regards, ��V``� G ' � � Michael C. Byrd 1743 Goodrich Avenue � <, � JEAN EILE#KRAMER Notary Public Minnesota PETITION TO VACATE CITY INTEREST I(we), thz undersipned, constituting a majority of Ihe owners (or their le�ally designated representatives) of the abuttino properties. � hzreby peti[ion the Council of the City of Saint Paul to vacate its interests in the property(izs) legally described as folloivs: �iY��Nmu`s� z � f � � � uc �t�.�`� gu � 8 , � .a-mm �u s�v 5 �E 13 � P�`C o-'C� 1A,41a �lY�G�`�,� t�� . I(we) requcst Chis vacation for the followin� reason(s). (Indicate �vhethzr you wili be building on [he site.) �'�c F3'f' I q-� C�oo 4� t'.�Gld 5-c,=�[� ��h'�xsT� �.r�{ - s Pf� k� nZ I(we) have attached six copies of the site plans of any development inrended for construction on the lands to be vaca[ed. Person(s) responsible far paymenf of vacation fee and for acceptance of the terms and conditions of' Contact Person the vacation: Name: P}�otte: Addtess: Alternate Contact Person Name: Phone: Address: Name: Phone: Address: Name: Phone: Address: Name: Phone: Address: Name: Phone: z � f+uiires3: � of Owner(s)/Representative(s) (�J�IU�h��` �'�V�f/�1 t _ ' � ('I,� � �� _ C /GI'/`/7/�/, 1 �'°�� 1�5d L',v�co1�1 �sP � I N El��rl Nn�nsons j�ea fravr�;n��i- s �nJ 2b F+ aE Lz1> �= Lot Z , a p u y��k � 1 ��J Ge�o� � c� ��-- -� ;-_ PrAvz /�ln/. ��705 �"� � N�ceR srn�', R�zM r�rswz-..�m�.�n P''�.'� rn� �s i,c: a� P�/rsc sr-� �'i'c� r/�f'� r�•c �..�=. t7��i Cov�'t7(LtG�.i f�'l/� • `�'f- PlaNt- hlN �lo� P�AS� � ATr#r�cu� -n'n-e s�.� � P��. � tf`t' �, • �cnt+�€R �a-nro h� �s P-ca�r�-RfsNZ�-��c- am [he peli[ioner, or one of Ihe pe[i[ioners in [he above matter, and I c heceby swear and verify thnt each of the signatures on this petition �vas signcd in my presence by tha person described in the petition IZ�; �i �.s„ti< JUA�1 A. ORTIZ ' t�TARYPUBLtC-MM`lESOTA • • e� . ' RAY CAMtAV9SION � ' EXFlRES JAN. 3�, 200.�i �- G /�" % `''� 7/� Subscribed and sworn to before me this �_ day of 200F Nottuy My comnussion expires � �- C�.� Old Republic National Title insurance Company 400 Second Avenue South Minneapolis, MN 55401 September 10, 2003 Kimberly Byrd 1743 Goodrich Avenue St. Paul, MN 55105 To whom it may concern: Old Republic National Title Insurance Company does hereby certify that a search of Ramsey County, Minnesota tax records discloses that, as of September 10, 2003, the owners of the properties abutting the pubiic right-of-way described as the east-west alley adjoining Lots 3 and 4, Block 8, Elmer & Morrison's rearrangement of part of Macalester Park, are as follows: Lepal Descriqtion: Propertv is: Fee Owner Contract Purchaser West 26' of Lot 1& 2 and all of Lot 4, Biock 8, Elmer & Morrison's Rearrangement of part of Macalester Park Abstract Caroline M Lemen 1750 Lincoln Ave St. Paul, MN 55105 That part of Lot 3, Abstract Lucy A Forster Smith Block 8, Elmer & Thomas W Forster Smith Morrison's rearrangement 1731 Goodrich Ave of part of Macalester Park, St. Paul, MN 55105 described as follows: Beginning at Northeast corner of said Lot 3, thence West along North line of said Lot, 136 feet to tlie corner thereof; thence South at right angles to last mentioned line 32 feet; thence East at right angles to last line 30.6 feet; thence Southeasterly to a point on the Northerly line of Goodrich Avenue distant (measuring along said Northerly line of Goodrich Avenue) 95 feet Easterly from Southwest corner of said Lot, thence along said Northerly line of Goodrich Avenue to Southeast corner of said Lot, thence along the East line of said Lot to place of beginning. Leqal Descriqtion: Propertv is: Fee Owner Contract Purchaser That part of Lot 3, Abstract Michael C Byrd Block 8, Eimer & Kimberly Byrd Morrison's Rearrangement 1743 Goodrich Ave of part of Macalester Park, St. Paul, MN 55105 described as follows: Beginning at Southwest corner of said Lot 3; thence North along West line of said lot to South line of the alley in the rear of said lot; thence East at right angies to West line of said lot; 60 feet; thence Southeasterly to a point on northeriy line of Goodrich Avenue distant (measuring along said line of said Avenue) 95 feet Easterly from Southwest corner of said lot; thence along Northerly line of Goodrich Avenue to place of beginning. This report represents the professional opinion of Oid Repubiic National Title Insurance Company regarding ownership of the above described properties; it is not intended, nor shall it be construed, as a guarantee of title. Old Republic National Title Insurance Company assumes no liability for errors or omissions. Sincerely, c�� Lr� . � j ��-�-- f' '��-�✓ Lorette Schmaltz U Licensed Abstractor Old Republic National Title Insurance Company Old Republic NaTional Title Inst�rance Company does hereby certify that we have re-checked the records from September 10, 2003 to December 30, 2003 and find no ciiange. / Q_ i Assltstant Secret y �i31�3H1U1 z � � U � J 1S�13HIN1f ...................... ........... . .................. U � a a [� -553 1 7:41AM�pWESt p651 7�4 66�4 # 1/ t b�l-553 Reply to Vacation Inquiry File # 03-2004 ro: Earl Carlson City of St. Paul Real Estate Division Phor�e � 266-8850 Pax# 266-8855 �From: Ross Larson Qwest Corporation 390 Commerce Drive Phofx # Fax n t6at part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterIy of fhe northerly e�ension of the most westerly line of Lot 3, said Block 8 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . 0 For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . � C.v�o— e� JUV� C � Yb��G : S'� �(� �G-� !1�'S� � � � � C ( \ „a� • �_��J L�� 'V.. i�� \ �� .n� � Q.. �. U��L ..�e \.,iD.s�� G..S�t._ �` y--'TC CY� �l��l.C.- .b^—_ � �+ �� P tr�er'�. (s.'�i �„� ��,iL,. �G `�� D�c �S>`�� • .�t0 w..Ls� � � �,�p � O.CYO-� r>�t"L� , � 'l. �'`�• `°"� J �'�°'`��„4`; `"'z�� ,.�_� +1. . , '_`-��„ ° �`..I . � :,`�. Signed I ; , AA-ADA-EEO Etnployer � ��, -1?� Date �.gwn�v�sr �ofp�� Reply to Vacation I�quiry File # 03-2004 :i �: � To: City of St Paui Reai Estate Division Phone� 266-8850 p�c# 266-8855 Xcel Energy Siting & La� Fa� # that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly e%tension of the most westerly line of Lot 3, said Block 8 Qde fiave no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . � For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . � That easement rights for existing Xcel Energy electric facilities remain in place untii such time as: Xcel Energy is permitted to review building plans; owner acquires a building permit; existing facilities are removed; and owner grants easement for a�y relocated facilities. PLEASE PROVIDE A COPY OF THE DOCUMENT RECORDED SUBSEQUENT TO THE ADOPTED VACATION RESOLUTION WHEREIN THE ABOVE DESCRIBED �IGHTS ARE GRANTE0. i AA-ADA-EEO Employer OZ -Z S-d �r - Date llepartmentoi lechnologyaaaivianagemem Real Estate Division 140 City Hall Saint Paul MN �5102 Phone: (651) 266-8850 Fax: (65I) 266-8855 �553 � CITY OF SAINT PAUL F E� d. � 200� —� � Randy Kelly, Ma1'or it�� t � 7anuary 2T, 2004 Dave C�au Northem States Power Company, d.b.a. Xcel Energy - Sitmg & Land Rights 414 Nicollet Mall - 7th Fl. �vlinneapolis �.MN 55401 1993 Snbject: Dear Ivfr. Callahan: So4- - Z� - Z,3 �z�nti� EY �ry TMS Department �le No. 03-2004 The City Clerk has referred to this office for recommendation the petition of Michael and Kimberly Byrd for•thebacation of part of the alley in Block 8, Elmer and Morrisoa's Rearrangement of part of Macalester Park. The purpose of this vacation is to: to provide additional green space and possible future garage. VJill you please advise me of any existing utilily easements or of any concerns over the intended future use of this proposed vacation. I would Iike to receive your comments before so I can prepaze a report to the City Council on this matter. For your convenience, you will find a reply form, with fax transmittai memo, on the reverse side of this notice. If you would rather respond on yo�s letterhead, please refer to the above listed file number when replying. If you have any questions regarding t}us matter, please call Earl Carlson at 266-8850. Sincerely, ��,�� r`� � Earl Carlson Real Estate Technician (0304mcil AA-ADA-EEO Employer Jan.23. 2004 4:18PN1 Xcel Ener;y Rice St. 3rd FI Reply to Vacatian Inquiry File # 03-2004 !o. 0314—P ui.zge� 1 To: �azl l;arJSOn ��om:Uan wi City of St. Paul Xcel Ener� Real Estate Division Gas Division phonc# 266-8850 �� Fsx k 266-8855 Fax r t6at part of the alley in Blocl: 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lyiag easterly of the northerly eatension of the most westeriy line of Lot 3, said Blocl: S We have no objecdons to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . ❑ % y1, _ n �� January 23, 2004 �wc-r� Signed Nick J. Boasalis, PE Date Xcel Energy - Gas Distribution 651-229-2317 AA•ADA•EEO Employcr CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF TE� COUNCIL OF TI� CITY OF SAINT PAUL In the Matter of Vacation File # 03-2004 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of the alley in Block 8, Elmer and Momson's Rearrangement of Part of Macalester Park lying easterly of the northerly extension of the most westerly line of Lot 3, said Biock 8 except as here noted: Northern States Power Company, d.b.a. XcelEnergy Gas Division MINNESOTA RAMSEY � %� ��/ .S1gT13tUT� T6e foregoing ins[rument was aclmowledged before me this � day of ��e� , 2004 by .the geaic��esi2ll;r€ngineer of n,..ai......., c�..a.... n....,... l� ............. .11hL3��Fl�jrv Di iL.li�—wo.ro-v�,...� �+'�' T under the laws of2he Siate of Minnesota. � �dr� {. �✓//�f/�' JESSICA LfSUE NtlNKLER N ubliq Ramsey County, Minnesota. NoWry PuWie l�finneSOte "� / M Comm. Expires Jan 37, 2006 My commission expires J! �� t ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** AA-ADA-EEO Employer Department of Technology and Management Services Real Estate Division 140 City Hall Phone: (651) 266-8850 Saint Paul, MN 55102 Fax: (651) 266-8855 CITY OF SAINT PAUL Randy Kelly, Mayor March 1, 2004 Dan Woehrle Northern States Power Company, d.b.a. Xcel Energy Gas 17ivision 825 Rice Street Saint Paul, MN 55117 Re: Deaz Mr. Woehrle: Vacatioh File #03 2004 The owner of 1743 Goodrich Avenue has requested a waiver of all easements in that part of the alley in Block S, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly estension of the most westerly line of Lot 3, said Block 8. The purpose of this request is to facilitate construction of a gazage. Please execute the enclosed certificate and return it to the Real Estate Division, as addressed above, by Mazch 24, 2004. Sincerely, Earl Carlson Real Estate Technician Attachxnent - -- - ' __ _, ' - . (0304cert) ' ��n-t�n.-Ye,r..m�..,;..�e � . V ` t�.� -, �. } _ ... .� r T� �� . . �.._. r .-. .. ,�KK- , _.. . ti AA-ADA-EEO Employer ��5 MCI Network Services, 7nc. 02/10/2d04 �ITY OF SAINT PAUL Eari Carlson Real Estate Division i40 City Hall Saint Paul, MN SS10Z-1613 OSP Nalionat Support / Tavestigatians Uept 42864� Loc 107 2400 Narth Glenville Richazdson, TX 7i082 �`., ti pEpz FSr � r FCf��, si � • RE: TMS FILE NO. 03-2004 — ALLEY VACATION REQI7EST — ALLEY BOUNDED BY LINCOLN AVEl�tITE, AlVIHERST STREET, AND GOODRICH AVENUE — Saint Paul, Ramsey, Minnesota MCI ID: 946-2004 Dear Sir or Madam: MCI has been notified by your office regarding the above referenced project. For your records, in reviewing the area in question, it has been determined that MCI does not ha�e facifities within your project area. You should address conespondence concerning any future projects to the attention of OSP National SupportJinvesfigations at the above address. If you need fiuther assistance with this project, please do not fiesitate to calt. Sincere2y, ohn Bachelder OSP National Support / Invesrigarions (972)?29-6016 Easemern-No Facilities.doc -�, �, �� OSP Natiomi Support! � �) r'L7!' „ . Investigations -��v'�� Dept42864T.oc107 2400 North Glrnville Richsrdson, TX 7i082 MCI Network Services, Inc. 03l16/2004 CTI'Y OF SAINT PAUL Earl Carlson Real Estate 1}ivision 140 City Hall Saint Paul, MN 55102 RE: VACATION FILE #03-2004 — EASEMENT VACATION REQUEST — i743 GOODRICH AVENiJE — Saint Paul, Ramsey, Minnesota MCI ID: 1976-2004 Dear Sir or Madam: MCI has been notified by your office regarding the above referenced project. For your records, in reviewing the area in question, it has been determined that MCI does not have facilities within your project area. You should address correspondence conceming any future projects to the attention of OSP National Support/Investigations at the above address. If you need further assistance with this project, please do not hesitate to call. Sincerely, ohn Bachelder OSP Narional Support / Investigations (972) 729-b016 Easemeoz-No Facilities.doc # of Pages 1 Reply to Vacation Inquiry File # 03-2004 To: Earl Carlson �From: David Urke City of St. Paul District Energy Real Estate Division District Coolin Phone# 266-8850 Phone# Fzca 266-8855 Far# that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly extension of the most westerly line of Lot 3, said Block 8 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO EQUIP- MENT IN THE AREA TO BE VACATED AND HAVE NO OBJECTION TO THE VACATION. � L/� Signed VllY1V L• VI\1\L� 1 • PROJECT MANAGER JANUARY 23, 2004 Date AA-ADA-EEO Employer � �— CITY OF SAINT PAUL Randy KeZly, Mayor Department of Technology and Management Services Real Estate Division - 140 City Ha11 Phone: (651) 266-8850 Saint Paul, MN 55102 Far: (651) 266-8855 REv€IVED January 21, 2004 JAN 2 � 2004 DISTRICT ENERGY David Urke District Energy St Paul Inc and Dishict Cooling �t Paui inc 76 West Kellogg Boulevard Saint Paul MN 55102 Subject: Dear Mr. Urke: TMS Department File No. 03 2004 The City Clerk has referred to this office for recommendation the petition of Michael and Kimberly Byrd for the vacarion of part of the alley in Block 8, Elmer and Morrison's Rearrangement of part of Macalester Park. The purpose of this vacation is to: to provide additional green space and possible future garage. Will you please advise me of any existing utility easements or of any concerns over the intended fixture use of this proposed vacation. I would like to receive your comments before so I can prepare a report to the City Council on this matter. For your convenience, you wil] find a reply form, with fax transmittal memo, on the reverse side of i111S RGiiCe. ii j'OU W�6'�iiCl i&u r2SPOI'i(�i OII ycur letterhea3, �ii.HSC Tef i LO i above I iStC4� F.0 number when replying. If you have any questions regazding this matter, please call Eazl Cazlson at 266-8850. Sincerely, � ��, � �� / / Eazl Cazlson Rea1 Estate Technician (0304inc� AA-ADA-EEO Employer CERTIFICATE OF INTENDED NON-USE TI� HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF Tf� CITY OF SAINT PAUL In the Matter of Vacation File # 03-2004 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly extension of the most westerly line of Lot 3, said Block 8 except as here noted: DISTRICT ENERGY ST. PAUL, INC., AND DISTRICT COOLING ST. PAUL, INC., HAVE NO EQUIPMENT IN THE AREA TO BE VACATED AND HRUE NO OBJECTION TO THE VACATION. District Energy St. Paul, Inc. and District Cooling St. Paul, Inc. Its I Y fe5 i� `d _ `=�� MINNESOTA �d'7//�j'� ��J � � Signature RAMSEY The foregoing insWment was acknowledgedbefore me this _� � day of� a.C� , 2004 by j"TY1 d2✓S ..I i 1 \M �-�-�J .the �(`cS : �-�1 of �iS11'ic� F'-Gta.�a��. ��iS�V'��a under the laws of the State of Minnesota. C ` S� a"`� �� ?r l. SFlcR4VOOD '�".�'"v,.a !,�0T:IRYPII:S:IC-hi��i'JE90TA `""`h`�'.;?' h§YCO5f,a�ISa�r:JN ,. � s. ;�., EXPfFtES JA�. 3'i, 2005 r . /7_ � �2A�s_._.�c±z�' Notary Public, Ramsey Coun� Minnesota Mycommissionexpires l-lait.�.�_a.c.�.� aoos. � ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** AA-ADA-EEO Employer Department of Technology and Management Services Real Estate Division 140 City Ha11 Phone: (651) 266-8850 Saint Paul, MN 55102 Fax: (651) 266-8855 CITY OF SAINT PAUL Randy Kelly, Mayor ��i��f�� 'a��+� � � LuU4 March 1, 2004 David Urke District Energy St. Paul, Inc. and Dishict Cooling St. Paul, Inc. 76 West Kellogg Boulevazd Saint Paul, MN 55102 Re: Dear Mr. Urke: DIS I RiCT EIV�RuY Vacatian File #Q3 2004 The owner of 1743 Goodrich Avenue has requested a waiver of all easements in that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly extension of the most westerly line of Lot 3, said Block 8. The purpose of this request is to facilitate construction of a gazage. Please execute the enclosed certificate and return it to the Real Estate Division, as addressed above, by March 24, 2004. Sincerely, Earl Cazlson Rea1 Estate Technician Attachxnent (0304cert) AA-ADA-EEO Employer Earl Carlson Real Estate Division # of Pages Reply to Vacation Inquiry File # 03-2004 Real Estate # We have no objections to this vacation We will approve this vacation subject to the following conditions: For the following reasons, we cannot approve this vacation: Comcast Phone Comcast would like to retain its utility rights to our aerial plant within vacated area. Attached is a map showing our facilities. Any relocation of said facility would be at the cost of property owner requesting this vacation. .SCGit �'�,ZG�21'r`. COJ1lUlSt Construction zz3s c�ey�oxRo�t aTd��, �aLss2zz �rcY651.493.5216 '2horte 651.493SI27 Scatt �gppertC�rabte.cmrrcnst.com � 0 � THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF TI� CITY OF SAINT PAUL In the Matter of Vacation File # 03-2004 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly egtension of the most westerly line of Lot 3, said Block 8 except as here noted: �omcast cf Saint Pau!, Inc. wili release its easement in the above described nart of the alley provided the proposed improvement does not interfere with its existing facilities or prevent access by Comcast of Saint Paui, Inc. to the said facilities to maintain, repair or upgrade them. Should the said 'unprovement in anyway interfere with or prevent access to the said facilities, the petitioner or its successor shall provide new easements as required and the petitioner or its successor shall assume all costs of relocating facilities to the new easements. MINNESOTA � Ramsey The foregoing instrument u b � C ,� 1 of a�S;An Gti-;5'� Comcast of Saint Paul, Inc. Its ��N�S't'ru /,'rZ�h �R/Ja vr�r �� Signature acknowledged before me this �l � day of under the laws of [he S[ate of Minnesota SCOTT CHARLES RUPPER7 Notary Pubiic • Minnesota ,°�Y Commission Ezpires January 31, 2p08 � --�/ � ��..._-- • �"; --,-�, � � n �� / Notary Public, Ramsey County inneso[a. J Mycommissionexpires V�"��/ f � � f /` ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** AA-ADA-EEO Employer Department of Technology and Management Services Real Estate Division 140 City Ha11 Phone: (651) 266-8850 b�- 55 3 Saint Paul, MN 55102 Fax: (651) 266-8855 �, CITY OF SAINT PAUL Randy Kelly, Mayor Mazch 1, 2004 Scott Ruppert Comcast of Saint Paul, Inc. 1238 Grey Fox Road Arden Hills, MN 55112 Re; Deaz Mr. Ruppert: Vacation F'ile #03-2004 The owner of 1743 Goodrich Avenue has requested a waiver of all easements in that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly egtension of the most westerly line of Lot 3, said Block 8. The purpose of this request is to facilitate construction of a gazage. Please execute the enclosed certificate and retum it to the Rea1 Estate Division, as addressed above, by Mazch 24, 2004. Sincerely, Eazl Carlson Real Estate Technician Attachment (0304cert) AA-ADA-EEO Employer Reply to Vacation Inquiry File # 03-2004 � of Pa�es 1 ro: Earl Carlson �F�om: Linda Murphy City of St. Paul Public Works Real Estate Division 800 City Hall Annex Phone k 266-8850 Phone � ��, �_��a' Fac s 266-8855 Far # g,F_USS � that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly extension of the most westerly line of Lot 3, said Block 8 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �, We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q :,�C2 G�C'+.(2 l�rC- vCCtX`�b'i�- P / G?1'Ze «2e C��G�'C'�Ls�� /�' O/�C!,tL-��-r[C�' '�,`�it� /� '�Y�icx° l�L 7`GCA �` �—v � `2J L�CcLC.z G� / U �/1G lL , Signed .�/��uc� f�� a�/o� , , Date AA-ADA-EEO Employer CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS '� �� '" " OF THE COLTNCIL OF THE ' In the Matter of CITY OF SAINT PAUL Vacation File # 03-2004 _�:p �'; .,�. The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its ufility rights in the realty described beiow: that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly extension of the most westerly line of Lot 3, said Block 8 except as here noted: Departrnent of Public Works ,, i�nu.i�.Y�yr:� RAMSEY � The foregoing insWment was aclaiowledged befr . . _s.. by lj �ty/U / . /J/�C �7� � `J ,the � 1 �%� E/t.��7��lL of �r f /7/�L �U.�JL�C v(�/�/PeC. S .a��/Z/�/�"i/P/¢"L ��/�/c �'t! �a/V under the laws of the State of Minnesota. MARLYS A. FISNER !e Votary Puttlic MiMesotg NY CanmSSpn FW hs La 1f.20� J�/_'°� L/ Notary Pu �, R sey County, M My commission expires %o///D.J ** Please return this original copy to 140 City Hall, St. Paul, MN 55102 ** AA-ADA-EEO Employer ...�. . �`�'553 CITY OF SAINT PAUL Randy Kelly, Mayor Mazch 1, 2004 Linda Murphy Department of Public Works 800 City Hall Annex Saint Paul, MN 55102 Iie: Dear Ms Murphy: Department of Technology and Management Services Real Estate Division 140 City Hall Saint Pau1, MN 55102 Phone: (651) 266-8850 Fax: (651) 266-8855 Vacation I+`ite:#032Q04 The owner of 1743 Goodrich Avenue has requested a waiver of all easements in that part of the alley in Block S, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easteriy of the northerly extension. of the most westerly line of Lot 3, said Block 8. The purpose of this request is to facilitate construction of a gazage. Please execute the enclosed certificate and return it to the Real Estate Division, as addressed above, by Mazch 24, 2004. Sincerely, Eazl Cazlson Real Estate Technician Attachment � �� ......__.� ^�<� (0304cert) AA-ADA-EEO Employer # ofPages 1 Reply to Vacation Inquiry File # 03-2004 ro: Earl Carlson City of St. Paul Real Estate Division Phone# 266-8850 Pac # 266-8855 `�� •From: Bill Tschida Water Services 400 Commerce B Far # that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly egtension of the most westerly line of Lot 3, said Block 8 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q � �. ..�F•;-'6='a,% `�a�� - i l .� � � y� .,, t .� j^ 1,t. cgTA�r �,i\tS'.. ��a- - Signed e � � O Date AA-ADA-EEO Employer �� 5 c� CITY OF SAWT PAUL Randy Kelly, Mayor January 21, 2004 Bill Tschida St. Paul Regional Water Services 400 Commerce Building Subject: Deaz Mr. Tschida: Department of Technology and Management Services Real Estate Division 140 City Hall Phone: (651) 266-8850 Saint Paul, M1V 55102 Fax: (651) 266-8855 R�CE6VED Sa� Paul R2�a� ��r a��cs Et�ineers� Cilv�S3r: ��:_.: TMS Departmeat �`ite Nu. U3-20a4 The City Clerk has referred to this office for recommendation the petition ofMichael and Kimberly Byrd for the vacation of part of the alley in Block 8, Elmer and Morrison's Rearraugement of part of Macalester Park. The purpose of this vacation is to: to provide addifional green space and possible futare garage. Will you please advise me of any existing utility easements or of any concerns over the intended future use of this proposed vacation. I would like to receive your comments before so I can prepare a report to the City Council on this matter. For your convenience, you will find a reply form, with fas transmittal memo, on the reverse side of this notice. If you would rather respond on your letterhead, please refer to the above listed file nuxnber when replying. If you have any questions regarding this matter, please ca11 Earl Carlson at 266-8850. Sincerely, �� ,�!! `' � Eazl Cazlson Real Estate Technician (0304inq) AA-ADA-EEO Employer CERTIFICATE OF INTENDED NON-USE THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF TI� CITY OF SAINT PAUL In the Matter of Vacation File # 03-2004 The undersigned hereby certifies, on behalf of the indicated department or company, that it does not intend to exercise its utility rights in the realty described below: that part of the �lley in_ Block 8;'Llmer and Morrison's Rearrangement of Part of MacaTesYer P�rk ly5ng easterly of the northerly extension of the most westerly line of Lot 3, said Block 8`� ' ' - "' - except as here noted: MINNESOTA RAMSEY � St. Paul Regional Water Services Its General Manaeer � �• ��' / _ , ' � ._ The foregoing instrutnent was acknowledged before me this Zrid by Stephen P. Schneider March General Manager of Saint Paul Re�ional Water Services Corporation of the City of c�,..« v�,.� under the laws of � er—^E � �: :�_ ( .: . � �\. "� �.. .,.- � , - -��.s * * Please '� � . * �, I . � � CITY OF SAINT PAUL Randy Kelly, Mayor March 1, 2004 Department of Technology and Management Services Real Estate Division 140 City Hal1 Phone: (651) 266-8850 Saint Paul, MN 55102 Fcc�: (651) 266-8855 ��s�`-�11 v�� 5� A ��i'� , �'a� �`�0 4a+ J L . �c�t ESTATE DIVISIG'.� Bill Tschida St. Paul Regional Water Services 8 East 4th Street, Suite 400 Saint Paul, MN 55102 Re: Deaz Mr. Tschida: RECEIVED . Saiat Pa�l R ' ater�SeEVice� Eetpineerug �ivision Office �?acation File #E13 2004 The owner of 1743 Goodrich Avenue has requested a waiver of all easements in that part of the altey in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly-extension of the most westerly line of Lot 3, said.Block 8. . The purpose of this request is to facilitate conshuction of a gazage. Please execute the enclosed certificate and retum it to the Rea1 Estate Division, as addressed above, by March 24, 2004. Sincerely, Eazl Carlson Real Estate Technician Attachment (0304cert) AA-ADA-EEO Employer 03/04/2004 15:17 6512665848 Reply to Vaca�zon Inquiry File # 03-2004 CAPROP PAGE 01 if ofPaga 1 To: Ear! Carlsom •F�om: Commander City o£S� PauT Traffc/Accident Unit Reai $state Aivision 100 East l lth Street P�� 266-8850 Phone # F5x q Fa�c # that part of the alley in Block 8, Elmer and Morrison's Rearrangemeat of Part of Macalester Park lying easterly of the northerty extension of the most westerly line of Lot 3, said Block 8 We have no objections to this vacation . _ . . . . . . . . We wil] approve this vacation subject to the following conditions : . . . . . . . . . . . . . . . . . . . . � For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . ......... ❑ � � �� Date 3 /�lo AA-ADA-EEO Emyloycr 02/10/2004 12:14 6512286241 Reply to Vacation Inquiry File #� 03-2004 FIRE PREVENTION ro: Earl Carlson Cl'ty O�$f. PSII� Reai Estate Division �� 266-8850 Fexit 26F-RRSS PAGE 03 /� of Paga ] 'From� bTjg CgbjjJ Fire Safety I00 st tlth Street Pfwce q that part of the at]ey in Block g, Elmer and Morrison's Rearrangement of rt of Macalester Park lying easterly of the northerly extension of the most westerly line of t 3, said Block 8 We have no abjections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacatzon subject to the following conditions: .,.,..,.. Por the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . ..........� Signed Date A.4-ADA-EEO Employer • • 1 11� • • •�• ,�,� , , .,,;,..,, � ,�„ .�,� ,�. r„F ..,,,,H.,,�.,,: , ,.�<, ,�.,,.n �� .,. ,,,� :-„�.., „ ,...,,, : �F , �.w.�M..,N,,, � � r From: Tom Beach To: Carison, Earl Date: 2/25/2004 1232 PM Subject: Vacation 03-2004 for Byrd at 1743 Goodrich LIEP has no objections. None of the adjacent properties need this part of the alley to get to their garages. Tom Beach LIEP 350 Saint Peter Street #300 Saint Paul, MN 55102 651-266-9086(phone) 651-266-9099 (fax) tom.beachna ci.stpaul.mn.us (email) JAN-22-2004 14�41 ST PAUL PARKS REC 6512927405 P.81i02 � "� • b"� • 1 -S5� RepIy to Vacation Inquiry File # 03-2004 City of St. Pau] Real �state Division Phonc i! 266-8850 F',u u 266-8855 P�rks & Recreation 300 Citv Hall Annex Fax � that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northeriy extension of the most westeriy line of Lot 3, said Block 8 We have no objections lo this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We wilt approve tlus vacation subject to the following condii�ons : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q � Sip ed I 22 • o Date AA-AAA-h'�0 Fauplayer # ofPages 1 To: Reply to Vacation Inquiry File # 03-2004 Earl Carlson City of St. Paul Real Estate Division ne# 266-8850 •From: Gina La Force Libraries 90 West 4th Street Phone # Pac # 266-8855 I Fas # that part of the alley in Block 8, Elmer and Morrison's Rearrangement of Part of Macalester Park lying easterly of the northerly egtension of the most westerly line of Lot 3, said Block 8 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacarion subject to the following conditions : . . . . . . . . . . . . . . . . . . . . Q For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q , Pho AA-ADA-EEO Employer 1�3� Date ��f=553 CITY OF SAINT PAUL Randy Kelly, Mayor January 21, 2004 Gina La Force Library Administration 90 West Fourth Street Subject: Dear Ms La Force: Department ofTechnology and Management Services Real Estate Division 140 Ciry Hall Phone: (651) 266-8850 Saint Paul, MN 55102 Fax: (651) 266-8855 �ECE��lE�€ a��s � � Po��: �EA� ESTATE DIV�S!C;; TMS Department File No. d3-2004 The City Clerk has referred to this office for recommendation the petition of Michael and KimberIy Byrd for the vacation of part of the alley in Biock S, Elmer and Morrison's Rearrangement of part of Macalester Park. The purpose ofthis vacation is to: to provide additional green space and possible future garage. Will you please advise me of any existing utility easements or of any concems over the intended future use of this proposed vacation. I would like to receive your comments before so I can prepare a report to the City Council on this matter. For your convenience, you will find a repiy form, with fas transmittal memo, on the reverse side of this notice. If you would rather respond on your letterhead, please refer to the above listed file number when replying. If you kiave any questions regarding this matter, please call Eazl Carlson at 266-8850. Sincerely, ��, � /� �� , � Earl Cazison Real Estate Technician (0304inc� AA-ADA-EEO Employer JAN-29-2004 11�18 PED 14TH FLOOR Reply to Vacation Inquiry File # 03-2004 6512283220 P.01/04 , .. _.. _�_ . � City of St. PauI P. E. D. Rea1 Estate Division l I00 Ci Halt Annex Phonc# 266-8850 1'honcN Fex u 266-8855 Fax # that part of the alley in Biock 8, Elmer and Morrison's Rearrangement o£Part of Macalester Park (qing easterly of the northerly extension of Ehe most westerly line of Lot 3, said Block 8 We have no objecfions to this vacauon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q We will approve this vacation subject to the foliowing condirions : . . . . . . . . . . . . . . . . . . . . � For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q 71,�e- G�(!ey 45 In(f�"' v�ec.�SSary �d� G�c.csz-SS � qa.�s / � / ssd' (��i � �roav� f r�t a� � l�o � i:�c o f�•• , r � + _�-. l ,'-�-�-�� Date AA-ADA-EEO Employer � _ �C� Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members From: Peter White Right of Way Engineer 140 City Hall Date: April 29, 2004 Subject: TMS Deparhnent Vacation File No. 03-2004 I recommend a public hearing before the City Council be held on May 26, 2Q04 to consider a pe6tion to vacate part of the alley in ffiock 8, Elmer and Morrison's Rearrangement. This block is bounded by Wheeler and Amherst Streets and by Lincoln and Goodrich Avenues.. The purpose of the vacation is to extend the petitioner's back yazd. This property is located in City Council District 3, Planning District 14. The subject petition is in proper form and has been signed by the requisite number of property owners. ��:,�_ ;, . . __,�., �� ' f ��„' ir ? �:6i`P (0304date) PUBLIC HEARING NOTICE STREET/ALLEY VACATION Mary Erickson Council Research 310 City Hall PURPOSE PETITIONER HEARING QUESTIONS MAP (attached) Notices sent by: city co,m�i1 waza # 3 Plazining District # 14 File No. Q3-2004 to consider a petition to vacate that part of the alley in Block 8, Elmer and Morrison's Rearrangement lying easterly of the northerly extension of the most westerly line of Lot 3, said Block 8. This block is bounded b Wheeler and Ainherst Streets and b Lincoln and Goodrich Avenues. Michael and Kimberly Byrd The Council will conduct a public hearing on this vacation on Wednesday, May 26, 2004 in the Council Chambers on the third floor of City Hall. Public Hearings begin at 530 P.M. Ca11266-8850 and refer to the file number above. City staff will be available unti1430 in Room 140 City Hall to answer any last- minute question on this project. Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 AA-ADA-EEO Employer NOTICE OF PUBLIC HEARING Notice is hereby given that the petirion of Michael & Kimberly Byrd to vacate part of the alley in Block 8, Elmer and Morrison's Rearrangement as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heazd and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 26th day of May, 2004 at 530 P.M. Dated: May 3, 2004 Shari Moore Deputy City Clerk (May 6, 2004) ___ ;;